ANANDA BAG Vs. YASMIN MIRJA

JUDGEMENT

(1.) This revisional application seeks to challenge an order of the learned Additional District Judge, 1st Court, Hooghly, affirming an order of temporary injunction passed by the learned Munsif, 1st Court, Arambagh. The application arises thus.

(2.) Opposite party No. 1 herein brought Title Suit No. 145 of 1981 against the petitioners and certain others in the 1st Court of the Munsif at Arambagh for declaration of his title, confirmation of possession and permanent injunction. His case was that he is the owner in khas possession of the suit lands but the petitioners, claiming to be bargadars in respect of the said lands under him. were trying to disturb his peaceful possession of the same. The defence was that the petitioners, who figure as defendant Nos. 3 and 4 in the suit, have been cultivating the suit lands under the opposite party No. 1 as bargadars for a period of about 8-10 years preceding the institution of the suit.

(3.) The learned Munsif, upon the finding that the opposite party No. 1 is prima facie in possession of the suit lands, allowed his application for temporary injunction. Aggrieved thereby, the petitioners took an appeal which proved abortive. Thereafter they moved this court in revision and obtained this Rule.